Posted on 11/20/2018 3:36:32 PM PST by Mr. Mojo
DETROIT (WJBK) - A federal judge has dismissed six charges of female genital mutilation against a doctor, declaring the nation's female genital mutilation law as unconstitutional.
The federal judge in Detroit ruled in the historic case on Tuesday, ruling the law that prevents female genital mutilation (FGM) is unconstitutional. U.S. District Judge Bernard Friedman ruled that congress does not have the authority to make FGM illegal, which it had been classified as illegal under the Necessary and Proper Clause or the Commerce Clause.
Doctor charged with female genital mutilation could face life in prison
The case involved Dr. Jumana Nagarwala who had been awaiting trial on female genital mutilation charges. She was arrested in the summer of 2017 and was released on a $4.5 million bond.
According to the opinion filed by Friedman, congress had banned FGM under a statute that states "whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years, or both."
Prosecutors said she did that with at least six girls at a clinic in the Detroit area, including two girls from Minnesota. The doctor denies that she committed a crime and says she performed a religious custom from her Muslim sect, the India-based Dawoodi Bohra.
The doctor, through her attorneys, argued that the law that the federal government had been using to charge her was passed through Congress without proper vetting.
Her attorneys argued that the act of FGM had no bearing on commerce, which judge Friedman agreed with in his opinion:
"That clause permits Congress to regulate activity that is commercial or economic in nature and that substantially affects interstate commerce either directly or as part of an interstate market that has such an effect. The government has not shown that either prong is met."
If genital mutilation affects interstate commerce, then everything does, and the interstate commerce clause is meaningless.
There has to be a limit on the regulation the federal government can do under the commerce clause.
This should be entirely a state issue, unless the people involved crossed state lines in order to have the deed performed.
That judge should be shot.
Every Muslim in our nation should denounce Shariah or be deported to wherever.
Convert to Western Civilization standards or GTFO of my home.
And by denounce, I mean on video. Every clip published online.
As per Matt Brackens latest book.
“The Red Cliffs of Zerhoun”
You should have lurked more.
You’re welcome - the fact that it was a Reagan judge made me want to look a bit more closely.
Sharia. That was the first thought that crossed my mind as I read this article. Theres a graph somewhere Ive used before. It shows that as a Muslim population in any country increases so do the atrocities, so do the barbaric laws and practices.
Feel free to explain.
now we have four women in congress who believe in Sharia even though it oppresses women.
Rewrite the law and charge her and anyone else under it, not the old laws which were just declared unconstitutional.
Then let a judge try to destroy them.
Time for American women to rise up against FGM and if the moslems don’t like it, let them go back home to their primitive mindset and caves.
Waiting for Streisand, Judd, Milano, Maddow, April Ryan, Nancy Pelosi, Sen. Hironi, Elizabeth Phoney, and Rosie O’Donnell to start a nationwide campaign against FGM and to harass any judge who supports it “when it is good constitutional law”.
What’s next, legalizing the murder of unborn babies?
Published April 28, 2017
“Ayaan Hirsi Ali: Female genital mutilation and what we’re really talking about beneath the weasel words ‘genital cutting’”
Protecting the transgender crowd’s right to mutilate itself .....
I’ll never understand how anyone with political beliefs that oppose the Constitution and our laws can actually take the Oath of office and assume the duties of a congress critter.
So you read that case, and said:
"That judge should be shot."
And that's why I said you perhaps should lurk (rather than post) more.
So then where do assault and battery laws come from?
Assault and battery laws are state laws, prosecuted in state court. The only federal assault laws involve assaulting federal officers while they are performing federal duties.
OK thanks. Well, we can then hope states get busy in their legislatures to take a stand.
All extenuating circumstances. Plain ole murder is not a federal crime.
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